Iowa Department of Natural Resources 

Environmental Protection Commission

ITEM 10 DECISION

TOPIC Notice of Intended Action – Chapter 15 – Cross Media Electronic 

Reporting 

The Department is requesting permission from the Commission to proceed with the 

rulemaking process and publish a Notice of Intended Action to add Chapter 15 “Cross 

Media Electronic Reporting” of the 567 Iowa Administrative Code. 

This rulemaking was presented to the Commission for information in August. The 

purpose of the rule changes is to adopt the U.S. Environmental Protection Agency’s 

(EPA) electronic reporting requirements for programs under Title 40 of the Code of 

Federal Regulations (CFR). EPA’s Cross Media Electronic Reporting Rule 

(CROMERR), which is found in 40 CFR Part 3, establishes electronic reporting as an 

acceptable regulatory alternative across a broad spectrum of EPA programs and institutes 

standards for e-reporting systems to ensure that electronic documents are as legally 

dependable as their paper counterparts. CROMERR impacts electronic data currently 

received or planned to be received in federally mandated programs in the Environmental 

Services Division. 

CROMERR does not require regulated entities to submit electronic data or require 

programs to accept electronic data. CROMERR establishes the performance standards 

for accepting electronic documents if the option is or will be available. Programs already 

receiving electronic information must modify the system(s) or create new systems to be 

compliant with CROMERR. 

Adoption of this rule is required for the Department’s CROMERR application(s) to EPA. 

States are required to submit CROMERR applications to EPA for existing electronic 

document receiving systems by January 13, 2010. 

If the Commission approves this Notice of Intended Action, a public hearing will be held 

on February 15, 2010 at 10:00 AM at the Department’s Air Quality Bureau office. The 

public comment period for the proposed rules will close on February 16, 2010. 

An Administrative Rule Fiscal Impact Statement is attached. 

Jason Marcel, Environmental Program Supervisor 

Emission Inventory and Support Section, Air Quality Bureau 

Environmental Services Division 

November 23, 2009 

 
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ENVIRONMENTAL PROTECTION COMMISSION [567] 

Notice of Intended Action 

Pursuant to the authority of Iowa Code section 455B.133 and 554D, the 

Environmental Protection Commission hereby gives Notice of Intended Action to add 

Chapter 15, “Cross Media Electronic Reporting” of the Iowa Administrative Code. 

The purpose of the proposed rule changes is to adopt the U.S. Environmental 

Protection Agency’s (EPA) electronic reporting requirements for programs under Title 40 

of the Code of Federal Regulations. EPA’s Cross Media Electronic Reporting Rule 

(CROMERR) was born out of EPA’s goal to make electronic reporting and electronic 

recordkeeping available under authorized programs. EPA expects that this will (1) 

reduce the cost and burden of data transfer and maintenance for all parties to the data 

exchanges; (2) improve the data and the various business processes associated with its 

use; and (3) maintain the level of corporate and individual responsibility and 

accountability for electronic reports and records that currently exist in the paper 

environment. 

CROMERR applies to states, tribes, and local programs that administer or seek to 

administer authorized programs under Title 40 and establishes standards for acceptable 

electronic document receiving systems against which EPA will assess authorized 

program electronic reporting elements. These standards address six function-specific 

categories: (1) system security; (2) electronic signature method; (3) submitter 

registration; (4) signature/certification scenario; (5) transaction record; and (6) system 

archives. 
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CROMERR impacts 40 CFR Parts 3, 9, 51, 60, 61, 63, 64, 69, 70, 71, 123, 142, 

145, 162, 233, 257, 258, 271, 281, 403, 501, 745 and 763. This rulemaking impacts 

electronic data currently received or planned to be received in federally mandated 

programs in the Environmental Services Division. Programs already receiving electronic 

information must modify the system(s) or create new systems to be compliant with 

CROMERR standards. 

CROMERR does not require regulated entities to submit electronic data or require 

programs to accept electronic data; however, it requires that any Title 40 authorized 

program that chooses to use electronic submission rather than paper for reporting 

purposes must receive EPA approval of program revisions or modifications that address 

its electronic reporting implementations. As a result, programs accepting or planning on 

accepting submission of electronic documents must submit an application as required by 

40 CFR Part 3 for EPA review and approval. Adoption of this rule is required for the 

CROMERR application to EPA. 

A public hearing will be held on February 15, 2010, at 10:00 AM in the 

conference rooms at the Department’s Air Quality Bureau office located at 7900 

Hickman Road, Windsor Heights, Iowa. At the public hearing, comments on the 

proposed amendments may be submitted orally or in writing. All comments must be 

received no later than February 16, 2010. 

Any person who intends to attend the informational meeting or the public hearing 

and has special requirements, such as those related to hearing or mobility impairments, 

should contact Wendy Rains at (515) 281-6061 to advise of any specific needs. 

These amendments are intended to implement Iowa Code section 455B.133 in 

order to comply with 554D. 
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The following amendments are proposed. 

ITEM 1. Adopt a new 567—Chapter 15 as follows: 

CHAPTER 15 

CROSS MEDIA ELECTRONIC REPORTING 

567—15.1(455B, 554D) Purpose. This rule implements the cross media 

electronic reporting rule (sometimes referred to as CROMERR) as defined by 40 CFR 

Part 3. 

15.1(1). Applicability. The provisions of this subrule shall apply to persons and 

signatories who submit electronic reports or other documents to satisfy requirements of 

Title 40 of the Code of Federal Regulations for authorized programs for which the 

Department is accepting specified electronic documents and other media used for 

electronic reporting except as follows: 

a) documents submitted via facsimile; 

b) electronic documents submitted via magnetic or optical media such as 

diskette, compact disc, digital video disc, or tape; 

c) electronic documents submitted through an electronic document receiving 

system pursuant to a non-federal state-only program; or 

d) data transfers between the department and the U. S. Environmental Protection 

Agency, local governments, or tribes as part of an authorized program or 

administrative arrangement. 

15.1(2) Definitions. For the purpose of these rules, the following terms shall have 

the meaning indicated in this chapter. 
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"Authorized program" means a federal program that the United States 

Environmental Protection Agency (EPA) has delegated to, authorized, or approved the 

Department, on behalf of the State of Iowa, to administer, or a program that the EPA has 

delegated to, authorized, or approved the Department to administer in lieu of a federal 

program, under provisions of 40 CFR and for which the delegation, authorization or 

approval has not been withdrawn or expired. 

"Copy of record" means a true and correct copy of an electronic document 

received by an electronic document receiving system, which can be viewed in a humanreadable format that clearly and accurately associates all the information provided in the 

electronic document with descriptions or labeling of the information. A copy of record 

includes: 

(1) any electronic signature contained in or logically associated with the 

document; 

(2) the date and time of receipt; and 

(3) any other information used to record the meaning of the document or the 

circumstances of its receipt. 

"Electronic document" means any information that is submitted to one of the 

Department's electronic document receiving systems in digital form to satisfy 

requirements of an authorized program and may include data, text, sounds, codes, 

computer programs, software, or databases. 

"Electronic document receiving system" means the apparatus, procedures, 

software, or records established and used by the Department to receive electronic 

documents in lieu of paper. 
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"Electronic signature" means any information in digital form attached to or 

logically associated with a record submitted to one of the Department's electronic 

document receiving systems and executed or adopted by a person with the intent of 

expressing the same meaning as would a handwritten signature if affixed to an equivalent 

paper document with the same content. 

"Electronic signature agreement" means a written agreement prepared by the 

Department and signed by an individual with respect to an electronic signature device 

that the individual will use to create his or her electronic signature. 

"Electronic signature device" means a code or other mechanism, assigned to an 

individual who is uniquely entitled to use it and that is then used to create the individual's 

electronic signature. 

"Federal program" means any program administered by EPA under any provision 

of 40 CFR. 

"Handwritten signature" means the scripted name or legal mark of an individual 

made by that individual with the present intention to authenticate a writing in a 

permanent form. 

"Signatory" means an individual authorized to and who signs a document 

submitted to one of the Department's electronic document receiving systems pursuant to 

an electronic signature agreement. 

"State program" means any program other than an authorized program that is 

implemented by the Department under the laws of the State of Iowa. 

"Valid electronic signature" means an electronic signature on an electronic 

document created by using an electronic signature device that the identified signatory is 

uniquely entitled to use for signing the electronic document, provided the device has not 
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been compromised and provided the signatory is an individual authorized to sign the 

document by virtue of legal status or relationship to the entity on whose behalf the 

signature is created. 

15.1(3) Use of electronic document receiving systems. 

(a) Announcement on public website. When the Director has announced on the 

Department's public website that the Department is accepting specified electronic 

documents in lieu of paper to satisfy requirements under each authorized program, 

individuals who submit such electronic documents must use the Department's 

CROMERR-compliant electronic document receiving systems. 

(b) Submittals requiring signature. Any electronic document submitted must bear 

a valid electronic signature of a signatory, if that signatory would be required under the 

authorized program to sign the paper document for which the electronic document 

substitutes. 

(c) Submittals not requiring signature. If no signature is required under the 

authorized program, individuals may submit electronic documents in lieu of paper to 

satisfy requirements of such programs through the Department's CROMERR-compliant 

electronic document receiving system without an electronic signature or an electronic 

signature agreement. 

15.1(4) Electronic signature agreement. 

(a) Agreement to be executed. In the case of an electronic document that must 

bear the electronic signature of a signatory under an authorized program, each signatory 

must execute an electronic signature agreement. 

(b) Form and content of agreement. All agreements shall be in writing and filed 

with the electronic document receiving system administrator via a mail delivery service 
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or by hand delivery. The agreement shall include the information and follow the format 

as defined by the Department. The agreement form may be downloaded and printed for 

execution from the Department's public website. 

(c) Verification. The identity and authority of each individual submitting an 

electronic signature agreement shall be verified by the State of Iowa. After the State has 

satisfactorily completed the verification, the Department shall notify the individual 

electronically that the electronic signature device has been activated and access to the 

database has been granted. 

(d) Certification. Each submission authorized by an electronic signature shall 

contain the following statement “I certify under penalty of law that I have had the 

opportunity to review, in human-readable format, the content of the electronic document 

to which I here certify and attest, and I further certify under penalty of law that, based on 

the information and belief formed after reasonable inquiry, the statements and 

information contained in this submission are true, accurate, and complete. I understand 

that making any false statement, representation, or certification of this submission may 

result in criminal penalties.” 

15.1(5) Valid electronic signature. 

(a) Signatory. An authorized signatory may not allow another individual to use 

the electronic signature device unique to his or her electronic signature. 

(b) Unique signature device. When the electronic signature device is used to 

create an individual's electronic signature, the code or mechanism must be unique to that 

individual at the time the signature is created and the individual must be uniquely entitled 

to use it. The signatory shall: 

(1) protect the electronic signature device from compromise; and 
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(2) report to the Department and State, within one business day of discovery, any 

evidence that the security of the device has been compromised. 

15.1(6) Effect of electronic signature.

(a) Electronic signature establishes intent. The presence of an electronic 

signature on an electronic document submitted to the Department establishes that the 

signatory intended to sign the electronic document and to submit it to the Department to 

fulfill the purpose of the electronic document. 

(b) Electronic signature legally binding. Where an electronic document 

submitted to satisfy a reporting requirement of an authorized program bears an electronic 

signature, the electronic signature legally binds, obligates, and makes the signatory 

responsible to the same extent as the signatory's handwritten signature on a paper 

document submitted to satisfy the same reporting requirement. If an applicable law or 

rule requires a handwritten signature on a document, an electronic signature satisfies that 

requirement. 

15.1(7) Enforcement.

(a) Penalties and other remedies. If the submitter or signatory fails to comply 

with a reporting requirement by failing to comply with the provisions of this subchapter, 

the electronic signature agreement, or other applicable reporting requirements, the 

submitter or signatory is subject to any appropriate civil or criminal penalties or other 

remedies under State law. 

 
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(b) Electronic document as evidence. Nothing in this subchapter or the authorized 

program limits the use of an electronic document, copy of record, or other information 

derived from an electronic document as evidence in enforcement proceedings. 

______________________________ 

Date 

______________________________ 

Richard A. Leopold, Director 
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Administrative Rule Fiscal Impact Statement 

 Date: November 23, 2009 

Agency: Department of Natural Resources 

IAC Citation: 567 IAC 15 

Agency Contact: Anne Preziosi 

Summary of the Rule: 

The rule proposes to adopt federal electronic reporting requirements for programs under Title 40 

of the Code of Federal Regulations. EPA’s Cross Media Electronic Reporting Rule 

(CROMERR) does not require regulated entities to submit electronic data or require the above 

programs to accept electronic data. CROMERR establishes the signature and security 

performance standards for accepting electronic documents via electronic document receiving 

systems if the option is or will be available. Electronic receiving systems, typically databases, 

have signature and security performance standards under CROMERR. 

Programs already receiving electronic information must modify the system(s) or create new 

systems to be compliant with CROMERR. Existing systems that must comply with CROMERR 

are as follows: State Permitting and Air Reporting System (SPARS), Wastewater Permit 

information Exchange (WWPIE), NPDS database (used for NPDES permitting), and Safe 

Drinking Water Information System (SDWIS). 

Fill in this box if the impact meets these criteria:

____ No Fiscal Impact to the State. 

_X_ Fiscal Impact of less than $100,000 annually or $500,000 over 5 years. 

____ Fiscal Impact cannot be determined. 

Brief Explanation: 

The Department estimates that $200,000 is needed for the above databases to comply with 

CROMERR. Funding will be requested through a federal grant program that promotes the 

exchange of environmental information. Critical components of this project were achieved at a 

significant savings. The Department is collaborating with the Department of Transportation to 

develop an electronic records management system, which will address copy of record 

requirements. The programming code for the database's “portal” will be provided by the State 

of Indiana at no cost to the Department. 

Fill in the form below if the impact does not fit the criteria above:

___ Fiscal Impact of $100,000 annually or $500,000 over 5 years. 

* Fill in the rest of the Fiscal Impact Statement form. 

Assumptions:

Describe how estimates were derived:
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Estimated Impact to the State by Fiscal Year

Year 1 (FY ) Year 2 (FY )

Revenue by Each Source: 

 GENERAL FUND $0

 FEDERAL FUNDS $200,000

 Other (specify) $0

TOTAL REVENUE 

$200,000

Expenditures: 

 GENERAL FUND $0

 FEDERAL FUNDS $200,000

 Other (specify) $0

TOTAL EXPENDITURES 

$200,000

NET IMPACT 

$0

 

 X This rule is required by State law or Federal mandate. 

Please identify the state or federal law: 

40 Code of Federal Regulations Parts 3, 9, 51, 60, 61, 63, 64, 69, 70, 71, 123, 142, 145, 162, 

233, 257, 258, 271, 281, 403, 501, 745 and 763 

EPA indicated in the Federal Register (70 FR 59848-59889) that the Government Paperwork 

Elimination Act of 1998 was a strong driver for CROMERR. 

 X Funding has been provided for the rule change. 

Please identify the amount provided and the funding source: 

U.S. Environmental Protection Agency’s Exchange Network Grant 

 Funding has not been provided for the rule. 

Please explain how the agency will pay for the rule change:

Fiscal impact to persons affected by the rule:

No fiscal impact is foreseen to businesses or the general public. 

Fiscal impact to Counties or other Local Governments (required by Iowa Code 25B.6): 

Counties or local governments with delegation of the affected Title 40 of the Code of Federal 

Regulations programs are also subject to this federal requirement. The electronic filing of EPA 

grants and other financial assistance are exempt from CROMERR.

* If additional explanation is needed, please attach extra pages. 

Agency Representative preparing estimate: Wendy Rains 

Telephone Number: 515-281-6061